Therefore, the agreement between the software reseller should clearly define the role of the reseller and distinguish it from that of an employee or independent sales representative. The products are commercial computer software. If the user or licensee of the Products is an agency, department, or other legal entity of the United States Government, the use, reproduction, reproduction, publication, modification, disclosure, or transmission of the Software or any related documentation of any kind, including technical data and manuals, is prohibited by a license agreement or the terms of this Reseller Agreement under the Federal Acquisition Regulation. 12.212 for civilian purposes and the Federal Defence Procurement Regulations. Supplement 227.7202 for military purposes. The products were entirely developed at private expense. Any other use is prohibited. If third parties mistakenly believe that reseller is an agent or employee of Publisher, acts and agreements signed by Reseller may be considered binding on Publisher itself. To avoid this, the Publisher must ensure that the Reseller does not impersonate an employee of the Publisher. This often happens when the reseller uses a title such as “VP Sales for Latin America” on business cards and electronic signatures, usually with the publisher`s name and logo. The publisher must ask the reseller to clarify its relationship with the publisher when dealing with third parties using a title such as “Independent Reseller”. The Software Reseller Agreement must indicate whether Reseller is obligated or authorized to provide installation, training, or other services.
In fact, many software resellers are primarily IT service companies that offer their customers the publisher`s software as an add-on or tool, or middleware that the software uses to link their own software applications to the customer`s software or date or that of third parties. With these agreements, it is important that the software reseller agreement addresses the potential issues associated with the interaction of these different systems. Payment is usually made at the time of purchase, but can be aggregated monthly or quarterly. The reseller should also be able to reduce its payment to the publisher in case the reseller needs to refund or cancel a sale, even if the publisher does not wish to bear the collection burden of the reseller`s customers. Insofar as we provide products for resale, you can order these products for resale by following the instructions on our website (currently under www.atlassian.com/licensing/resellers-licensing). You must provide all requested information, including, but not limited to, the identity of the End User, the End User`s business and email addresses, as well as specific software licenses, subscriptions to hosted services or other products to be resold in your order (“Reseller Order”). All such information must be accurate and complete and reflect the bona fide orders you have received from end users. The term of a Software Reseller Agreement describes the period during which Reseller is granted the right to resell the Software. Often, this applies to an initial term and can be extended by additional conditions (this usually depends on whether the reseller has fulfilled certain performance obligations during the initial term). In contrast, an independent sales representative is not legally authorized to execute end-user licenses on behalf of the software manufacturer.
Instead, the agent negotiates the terms with potential licensees, but the software publisher enters into a software license agreement directly with the end user. The agent is paid a final price commission, which is usually a percentage of the license fee associated with the software license. As an independent sales representative, a software reseller is independent of the publisher and does not have the ability to enter into contracts on behalf of the software manufacturer. Under a traditional reseller agreement, the reseller pays a fee to the software publisher for the right to resell or sublicense the software. The difference between these fees and the fees charged by Reseller to End User is The Reseller`s remuneration for the Software. However, since software resellers are often compensated by a commission-type agreement, this can be a source of confusion as to the true role of the reseller. If the User License is based on an annual or renewable subscription, or if the User may purchase additional products or services from the Publisher, the Software Reseller Agreement must specify whether the Reseller is entitled to compensation in connection with such renewals or additional purchases. This Atlassian Reseller Agreement (the “Reseller Agreement”) is between the respective Reseller (“You” or the “Reseller”) and Atlassian Pty Ltd (ABN #53 102 443 916).
If you accept this Reseller Agreement not as an individual, but on behalf of your business, “Reseller” or “you” means your business, and you link your business to this Reseller Agreement. In addition, the publisher should include in the international software reseller agreement language prohibiting the reseller from registering the publisher`s trademarks in the foreign jurisdiction and requiring the reseller to cooperate to assist the publisher in monitoring and enforcing its intellectual property rights in the foreign jurisdiction. .